C.PRAVEEN KUMAR,J. - (1.) Assailing the order dated 23.03.2017, passed in I.A. No.125 of 2016 in O.S. No.85 of 2015 on the file of the IX Additional District Judge, Chittoor, wherein an application filed under Order 7, Rule 10 read with section 21 of C.P.C., requesting the Court to decide that it has no territorial jurisdiction to try the suit, as a preliminary issue, was rejected, the present Civil Revision Petition is filed under Article 227 of the Contitution of India.
(2.) The facts in issue are as under: The respondent herein filed a suit against the petitioner herein seeking a direction to the defendant to refund the advance amount of Rs. 60,00,000/- with interest at 24% p.a. from the date of suit till the date of realization with future interest, basing on the agreement of sale dated 20.08.2012. The written statement filed by the petitioner on 31.12.2015 disputes the averments made in the plaint. Pending trial, the petitioner filed I.A.No.125 of 2016, requesting the Court to decide that the said Court has no territorial jurisdiction to deal with the case, as a preliminary issue, before deciding the other issues and to return the plaint to be presented before the proper Court,. It is pleaded that as the non-judicial stamps used by the plaintiff for the alleged agreement of sale are printed and sold by Karnataka Government; (2) the subject property is also situated at Attur Village, Hoskote Taluq, Bangalore Rural District in Karnataka State; (3) cash receipt dated 20.08.2012 was also printed and sold by Karnataka Government, and (4) as no transaction took place between the plaintiff and defendant at Chittoor, ie. within the territorial jurisdiction of the Court pleads that the Court at Chittoor has no territorial jurisdiction to try the suit. It is also alleged that the agreement of sale, cash receipt are all forged and fabricated.
(3.) A counter came to be filed by the plaintiff stating that with a view to avoid refund of the money, the defendant has set up a false and frivolous plea. It is also stated that on 08.08.2012, the defendant himself purchased the stamp for scribing the agreement of sale and brought the said stamp to Chittoor for execution of the sale agreement. The petitioner received the advance amount and executed the sale agreement in the house of the respondent/plaintiff at Chittoor. It is also stated that the suit is filed for refund of advance amount with interest and not for specific performance of the contract.;